Armstrong Surgical Center, Inc. v. Armstrong County Memorial Hospital

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the First Amendment right to petition provides protection for opposition to a competitor's application to the State Department of Health for a Certificate of Necessity for a medical facility
• holding that the First Amendment right to petition provides protection for opposition to a competitor's application to the State Department of Health for a Certificate of Necessity for a medical facility
• applying Parker and Noerr-Pennington immunity where complaint alleged a threat of a boycott which would have constituted an antitrust violation in the absence of immunity
• noting that the Supreme Court in Omni expressed that the purpose of the sham exception was to ensure that “governmental process is not used as an anti-competitive weapon,” and reasoning that this does not occur when the above conditions are met
• noting while discussing Noerr-Pennington11 immunity that “if relief is sought solely for injury as to which the state would enjoy immunity under Parker, the private petitioner also enjoys immunity”
• representations made in opposing issuance of a CON to a competitor

Source: CourtListener parenthetical corpus (CC0).